Warren v Maclean-Lower Clarence Services Club Ltd [2014] NSWSC 1374

Warren v Maclean-Lower Clarence Services Club Ltd [2014] NSWSC 1374

The evidence established that Mr Warren suffered a serious brain injury and ongoing physical, psychiatric and functional impairments from an intentional assault by the defendants. Because the assault fell within the s 3B exception, the Civil Liability Act 2002 (NSW) did not govern the assessment except as to interest, which was not sought. The evidence established each claimed head of loss, and the claimed total of $1,708,309 was conservative and should be ordered.

Jurisdiction
Australia
Judgment Date
09 October 2014
Procedural Posture
Civil Claim for Damages Arising From Assault / Assessment of Unliquidated Damages After Default Judgment
Outcome
Damages awarded to Mr Warren in the sum of $1,708,309.
Legal Topics
['assault' 'intentional Injury' 'brain Injury' 'default Judgment' 'assessment of Damages' 'economic Loss' 'superannuation Loss' 'out of Pocket Expenses' 'domestic Assistance']
['civil Law' 'torts' 'damages'] ['assault' 'intentional Injury' 'brain Injury' 'default Judgment' 'assessment of Damages' 'economic Loss' 'superannuation Loss' 'out of Pocket Expenses' 'domestic Assistance']

Case Brief

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Procedural Posture

Civil Claim for Damages Arising From Assault / Assessment of Unliquidated Damages After Default Judgment

Legal Issues

  1. 1 ['Whether substantial damages should be ordered after default judgment for an assault which caused serious brain injury.' 'Whether the Civil Liability Act 2002 (NSW) governed the assessment of damages.' 'Whether the claimed heads of damages for general damages, economic loss, superannuation, out of pocket expenses and domestic assistance were established by the evidence.']

Ratio Decidendi

The evidence established that Mr Warren suffered a serious brain injury and ongoing physical, psychiatric and functional impairments from an intentional assault by the defendants. Because the assault fell within the s 3B exception, the Civil Liability Act 2002 (NSW) did not govern the assessment except as to interest, which was not sought. The evidence established each claimed head of loss, and the claimed total of $1,708,309 was conservative and should be ordered.

Court Disposition

Damages awarded to Mr Warren in the sum of $1,708,309.

Orders

  • ['The defendants pay Mr Warren damages in the sum of $1,708,309.']